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Rosso123

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  1. Thanks, yes I did pay Appealmyticket. I have the original email that I sent to appealmyticket that explains to them about the medical emergency. I also recorded all my conversations with the store that explains the medical emergency to them. The store were 100% aware of the pregnancy issue from day 1. I still don’t understand why parking eye think they have the right to ignore their clients (the store) institutions to cancel the ticket? The store do not support this going to court.
  2. Well spotted. Not my name, its from appealmyticket. I have blanked it out and attached the new pdf here. Are you able to swap the pdf's over? popla 3.pdf
  3. sorry I dont have the appeal to parking-eye..... Appealmyticket did the appeal. I was only sent the POPLA appeal pdf which is in one of the above posts. I assume the appeal to parking eye was the same grounds as to POPLA.
  4. I dont have access to the PCN at the moment, Im away from home. Hopefully I can find it next week and post the reverse side of it up.
  5. 1 Date of the infringement 14/7/22 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 19/7/22 3 Date received Can Not recall 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Not sure I only have a scan of the front of the page now (as I thought this had been cancelled by the store, I will try and find the orignal) 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] Yes Have you had a response? [Y/N?] post it up Yes 7 Who is the parking company? Parking-Eye 8. Where exactly [carpark name and town] Home Bargains, Crosshands, Wales For either option, does it say which appeals body they operate under. BPA If you have received any other correspondence, please mention it here. A Final Notice, after the store have confirmed several times they have instructed the parking company to cancel it. Text and Emails from the store confirming and showing their attempts to tell Parking Eye to cancel the invoice. Here is the POPLA appeal. As I understand the POPLA appeal had to be appealed on a matter of law and the contract or lack of contract of entering the land. The emergency pregnancy issue of the driver would not be taken into account with the appeal with Parking-Eye or POPLA. The actual reason for stopping on the land was given to the land owner / store manager immediately, eg pregnant person feeling ill and they fully supported this and gave retrospective consent for parking on the land. One thing POPLA fails to account for is that it was night time and dark, either way that last thing a pregnant person who is feeling ill and worried is going to do is start looking at signage. Attached is the POPLA. 2023-02-10 PE final notice.pdf 2022-07-19 PE PCN event 2022-07-14.pdf Popla Assessment & decision.pdf
  6. Hi Could I have some advice on how to reply to a Final Demand letter from Private Parking Company. The complication here is that the land owner, who have been amazingly supportive have told the Private Parking Company to cancel the invoice several times. They would have had the first instruction from the store owner way before the POPLA appeal. The back story. I am the registered keeper and not the driver. The driver was 8 months pregnant and felt sick so pulled off the road, 1st car park was said store. The store was closed. They stayed in the car park while working out if safe to drive or if they needed to call for help. As the store was closed, the Private Parking Company sent the registered keeper an invoice. 19/7/22 – Invoice sent. 23/7/22 – Spoke to Store and was told to come back in the week to talk to Dept or Store manager. 23/7/22 – Sent an appeal to Private Parking Company via Appealmyticket, so that the appeal deadline would not be missed. 27/7/22 – Store messaged me confirmation they had ticket cancelled. 29/9/22 – Appealmyticket contacted me to say that their appeal had failed and that the POPLA appeal had also failed. I contacted the stored again to tell them that Private Parking Company had ignored their instructions to cancel and could they sort it out again. 30/9/22 – Store confirmation that the manager had again told the Private Parking Company to cancel. Everything goes quiet, so the we all thought, including the store that the matter was closed. Then out of the blue I get a Final Notice increasing the fee to £100 and 14days to pay. I went back to the store and the manager, again very very helpful, apologetic and supportive again emailed Private Parking Company telling them to cancel the invoice. Private Parking Company replied to the store manager who forwarded me their response: “Unfortunately there is nothing I can do regarding this PCN as the motorist had appealed to POPLA (Parking on Private Land Appeals) who are the independent and impartial ombudsmen for the industry. Based on the evidence provided by both parties, POPLA upheld the decision made by Parkingeye and the motorist must pay the PCN. All POPLA decisions are final, and motorists are always made aware of this by POPLA at the time of making the appeal – if the decision is made in favour of the motorist, then Parkingeye must cease to pursue and conversely if the decision is made in favour of Parkingeye the motorist must follow the procedure accordingly.” How do I best reply to the Final Notice and how do I advice the store to reply to the above statement? I am not naming the Store because they have been extremely helpful thus far and I do not want them to be put off from helping other drivers.
  7. I didnt know it was a proper fault until after their tech support helped me update the firmware on the product. It was them that they told me that it prob has a hardware fault and to return it. Prior that that it looked like a standard firmware update problem. This happened on the 13th Oct (I think, so just a little over 30 days).
  8. Bought an electronic devices from a well known film equipment manufacturer (DJI) Item was received on the 6th Sept. However I did not start setting up the equipment until week beginning 10th Oct ready for filming later that week.... the delay in set up was due to waiting for another compatibility item from a different supplier. The item appeared to be faulty but found a tutorial online that ID'd the fault and a firmware fix. The manufacturers tech support then went through the firmware update with me etc etc. This did not fix the fault and they asked me to email a video of the fault to them. On reviewing, they offered that I send the product back to them for repair. And this is were I am at a stalemate with them. They are offering a repair. The product as far as I am concerned came out of the box faulty, I have never used it. If I accept a repair then I am in effect paying full price for a manufactures refurbished product which does not have the same value as a new product. I have rejected the repair and I am asking for a brand new replacement item. They ,in reply just offer the repair. Am I correct or incorrect in my assumption that under the consumers right act, as the consumer its my choice to choose either a repair or a replacement product. Or does the company choose what they are willing to offer. They have said that because 14 days have past since delivery, a repair is the only option.
  9. Hi Thank you. I am thinking of sending the below as a way of trying to just get it resolved before I do the small claims at the start of Feb. My partner believes a less formal, less threating approach might work, eg I not just challenging his ego. (I will do the costing that you requested over the weekend). FORD KUGA – RESPONSE TO YOUR LETTER RECEIVED 18/02/22 Thank you for your letter received on the 18th January 2022. This letter is the first time you have offered to refund the car (£3500) and I thank you for this, along with your admission that the car was reported faulty to you within days of its delivery. However, if you actually review our conversations on whatsapp and text you will see that a lot of the other points you have made in the letter are clearly not true when compared to our actual communication, which is why I am confident in making these complaints because I have evidence of how the conversation actually went. However, the aim of this letter is to find a resolution and avoid taking you to court, so I would appreciate if you would consider that on top of the refund of the car, which you have agreed to, I deserve to at least be reimbursed for the work I have had done that I have messages that prove you agreed to. The car needed a new head gasket, and now it has one, there would be no reason for me to have done this unless it was absolutely necessary. I'm not going to be making any profit here, I will still be losing money. You will be getting back a car in far better condition than you sold it in, so worth more to you in material value, with all the genuine invoices from a respected garage including lots other improvements that I'm not expecting you to pay for. So you end up with a better car than you sold originally and none of the hassle, which is fair as I can possibly be; I hope that you can see that all I am trying to do here is recover the bare minimum of my costs in this scenario and put this six months of problems behind me, this in no way represents the actual time, effort and cash I have put into trying to solve this. I am sure on reflection you will agree it is not fair for you to expect one of your customers to pay a repair bill for a fault on a car that was sold as having “No Issues” and then for you to only offer to refund of the original sale price, while then benefitting from the resulting repair. In a compromise to find a speedy solution I am willing to discount the 'Refund Of The Delivery - £230' though this discount does not represent any admission that you are not fully liable for these costs if this does go to court. I am willing to accept, without any further negotiation the below: By the 1st February 2022 (A goodwill extension on the Letter Before Court date): Refunded the Car & MOT - £3500 Reimbursement of Head-gasket repair - £1121.40 Total – £4621.40 Should £4621.40 not be paid and the car collected by the 1st February 2022 I will revert back to my claim of £4851.40 plus additional costs, not limited to but including interest, any due compensation and court fees. Unfortunately due to your telephone conversation on the 13/1/22 I will not allow yourself (Mohammed Waqar) to attend either properties connected to me (). This is easily resolved; I will allow your car delivery company to collect the vehicle from Mieri Eco Farm, Drefach, SA14 7BU and they may also inspect the vehicle. The car will not be released to anyone until £4621.40 is cleared into my bank account below. I now required you to give me 72hrs notice via text message before the vehicle is collected. If this does not happen before 1st February 2022 then I shall begin proceedings in the County Court for the recovery of the full sums of £4851.40 plus costs without further notice to you.
  10. Hi, thanks. I have attached pdf my response to his letter . I think his text to me asking if the repairs have been complete so he can pay was proof that he consented to the repair of the head gasket. I did not repace the EGR valve.... it was an EGR Cooler. I have not tried to claim for the egr cooler as this low cost repair risked pushing the claim over £5000 and the court fee would wipe out the repair cost. My aim is to have the car refunded (including MOT and Delivery) and the head-gasket repair. I have been advised to just accept his offer of the £3500 and right off the rest (my partner is also suggesting this as she is scared due to his threats in his last tel conversation and she doesn't think he will pay anything if we go to court). Your views would be appreciated. Response_to_Dealer_Letter.pdf
  11. Hi, I received the attached letter in reply to my Letter Before Court. He has offered to refund me the original cost of the car, less the delivery charge. He is disputing that he agreed to the repair of the head gasket. He's also made a lot of other claims, that simply are not true which I think are pretty easy to dispute using the text messages I have and the voice recording from the telephone call. He also called me a few days ago and threatened me on the phone (recorded), I have reported this to the police. Waqar_Reply.pdf
  12. I'll change it to 14 days. After that is it suitable to be sent?
  13. Hi, this is my draft letter: You are fully aware of all the pervious defects which exist on the above vehicle which you delivered to Mieri Eco Farm on the 7th August 2021. It is my assertion that I rejected the car on the 14th Aug 2021, a request that you ignored. In my letter dated 7th September 2021, I again gave you the option to refund me, exchange the car or pay for the repairs of the above car. In our telephone conversation you opted to have me to carry out the repairs and that you would reimburse me. I have carried out some of the repairs and you have not reimburse me despite reminders. You have not responded to any of my messages. Further to the the faults listed to you in texts within days of the car being delivered and in my 7th September 2021, I am making you aware of additional faults: P0380 - Glow Plug Circuit A Malfunction. P003A - Reduced Torque Signal 2. Open or Short Circuit. Oil coming out of Intake Manifold indicating a possible Turbo fault. Cardiff Garage believes faulty Injectors to be contributing or causing Juddering. Central locking issues extends to front doors too. Daylight running lights do not work, fault indicates an electrical issue or computer issue. If you do not respond to the above faults then I will assume your agreement that if I choose to have the above additional faults repaired that you will bare these costs on top of the costs already incurred by me below. I am now confirming that you have been given an opportunity to repair the vehicle and clearly you have declined to do so. I am now exerting my legal right to reject the vehicle and I require a full refund plus the reimbursement of all the work carried out which amounts to improvements of the car from the state in which you delivered it. I require that you reimburse me £5325.81 which includes the cost of the vehicle, MOT, delivery, repairs carried out so far, and any other ancillary losses. I also require that you make arrangements to collect the vehicle as soon as possible from the same address that you delivered the car (Mieri Eco Farm) although please note that I shall require payment before you collect the vehicle or at the same time but in a secure form. You are required to give me 48hrs notice before the vehicle is collected. If you do not comply within 7 days of this letter then I shall begin proceedings in the County Court for the recovery of the sums plus interest and car storage costs at £10 per day without any further notice. Yours faithfully
  14. Thanks. So given that the seller will not communicate with me, continuing to try and repair the car is not an option that the court will support? To that end, buying a new car is prob my only option to have a fit for purpose car. Am a allowed to sell the car or part exchange it or do I have to be in possession of the car to take the seller to the small claims court? Would I just be claiming the difference of what I sold the car for and what he owes me?
  15. I will post a draft here before I send anything off. Thank you for all your help.
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